Chihuri’s $2,9m lawsuit takes new twist

THE $2,9 million lawsuit filed by a Harare businessman against retired Police Commissioner-General Augustine Chihuri, whom he accuses of impounding his five cars and changing ownership into his name, has taken a new twist. It has emerged the businessman, Bigboy Pachirera, voluntarily surrendered his vehicles to avoid criminal charges being laid against him.

BY CHARLES LAITON

In the litigation filed sometime in December last year, Pachirera listed Chihuri, his wife Isabel and the couple’s company, Kidsdale Enterprises, as respondents respectively.

However, according to a letter written in 2014 by the businessman’s lawyers Mahuni Gidiri Legal Practitioners, Pachirera offered to surrender his cars and property as settlement for the criminal charges that the former police boss intended to pursue against him.

“Our client (Pachirera) has instructed us to approach you in connection with this matter in which criminal proceedings have been initiated against him by the company (Kidsdale Enterprises). It is in view of this background that we write to seek your indulgence to have the parties amicably resolve this matter through an out-of-court settlement,” Mahuni Gidiri Legal Practitioners said.

“The basis being that our client has informed us that he has had a working relationship with the proprietor of the company stretching more than 15 years. Consequently, while some issues may exist, a holistic look at the bigger picture will entail that through dialogue, the broken relations can be mended and same can only be achieved should you approach this matter from a compassionate perspective.

“We also wish to highlight that our client regrets whatever it is that has transpired leading to this unfortunate situation and is indeed remorseful. We propose that our client offers the following property as settlement, namely, either (a) a motor vehicle being a Jeep Cherokee, 2011 model valued at $80 000, (b) an ML 350 CDI, valued at $160 000.”

The lawyers added: “It should be noted that the offer is made willingly and it is hoped that a conclusive finality to this issue will ensue and that the contemplated proceedings will be halted forthwith.”

Besides the letter from the lawyers, the businessman himself also signed a cession agreement ceding rights to one of his properties to Chihuri’s company.

The cession agreement read: “I, Bigboy Pachirera, do, hereby, cede my rights and obligation in respect of the following property to Kidsdale (Private) Limited namely: immovable property being a certain piece of land measuring 448 square metres, situated in the District of Salisbury being Stand Number 3853 Highfield Township inclusive of a structure built thereupon. Referred to Deed of Transfer Number 9658/2003….”

However, Pachirera dragged the former police boss to court,accusing him and his family of seizing his property while using his influence as a Commissioner-General of Police.

The proceeds from this sinister deal between Chihuri and Pachirera should have gone into the State coffers and not into Chihuri’s family business. That was a brazen way of buying immunity from prosecution.

people understand the company wanted to institute legal proceedings against this guy and he opted for out of court settlement. it only so happened that the owner of the company is chihuri. hapana huori this was a normal legal transaction

I believe out of court settlements are permissible in Zimbabwe. So I feel Chihuri has no case to answer, that is if we look at the merits of the case objectively. Let’s ignore personalities of the two parties and concentrate on the substance of the matter.

An out of court settlement only happens if the matter is before the Civil Court. After settling you go back to the court and register the settlement and it becomes an order of the Civil Court. If its a criminal case one may pay restitution to the complainant then during trial of the criminal case the complainant may withdraw the case before a magistrate. The court will need to examine the complainant’s reasons for the withdrawal and satisfy itself that the withdrawal is not due to duress, corruption, ignorance etc. The court will also analyse the restitution to see if it is commensurate with the loss complained of. If Chihuri can prove that all these formalities were followed then he is in the clear. However if he arrested the aggrieved person and received the property in return for release of the aggrieved then he is in hot soup.

But isn’t that exactly the point that detectives from CID were ordered by Chihuri to intimidate this guy to cede his property. So whatever veneer of legality there might appear to be in the manner the actual ceding transactions were conducted, it does not take away from the whole matter stinking to high heavens and being another illustration of abuse of office and corruption.

If facts are like that Mr. Patriot, then the former boss has a case to answer. The involvement of lawyers, who wrote to Chihuri ceding the property to the former Police Chef made me believe that all was above aboard.

Who does not know that the guy would set his lapdogs on you and they intimidate you, those guys are known to intimidate to levels where one can confess to crimes not done kkkk vakapozomorwa mudhara vakabvuma

it terms of a just law system, there is no twist in this case as purported by the writer, because this is corruption at its worst, is it within the confines of the law that Chihuri can decide not to persue a criminal case against someone. Chihuri accepted a bribe and that is a criminal offence

there is no twist in this case as purported by the writer, because this is corruption at its worst, is it within the confines of the law that Chihuri can decide not to persue a criminal case against someone. Chihuri accepted a bribe and that is a criminal offence

If this is not corruption, then corruption has another engineered meaning so that these criminal elements are always safe in and out of government. BUT GOD WILL JUDGE THEM. LET them and all those who are corrupt repent now. Perhaps the Almighty will forgive their sins before the day of Judgement.